A state comptroller’s audit found many districts have waiting lists for preschool special education programs that students are legally entitled to receive
Albany Times Union

By Capitol Bureau

Dec 5, 2024

ALBANY — A state comptroller’s audit found that preschool students across New York are not always receiving necessary special education services or getting that help late.

The audit released Thursday also revealed the State Education Department has been hindered in its ability to oversee those programs because the agency was not aware of how many students were enrolled in preschool special education programs, what services they are provided or the number of school districts that have waiting lists.

“Providing timely, quality early education services to preschool children with special needs can make a world of difference in their development, and delays can have long term consequences for their academic futures,” state Comptroller Thomas DiNapoli said in a statement. “Too many children are not getting the services and therapies they are entitled to within required timeframes, and some are not getting the services at all.”

DiNapoli said the Education Department and school districts need to do a better job providing services for those students and that the state agency had agreed with the findings and has initiated steps to improve those services for students.

According to the comptroller’s office, children referred for special education services undergo a parent-approved evaluation and then have an education plan developed for their individual needs. Those services are supposed to begin within 60 days of parental consent and the students are entitled to them under the federal Individuals with Disabilities Education Act.

But the audit revealed many children are not getting the specialized services or others are not receiving them within that 60-day period. More than 80 percent of the 550 school districts that responded to an audit survey said they have waiting lists for those services. New York City schools were not included. Auditors visited an additional 40 school districts and found 21 of those collectively had waiting lists of more than 300 students.

The comptroller’s office said the Education Department acknowledged that the waiting lists violate federal requirements that students with disabilities receive the services to which they are entitled. The Education Department does not have data to pinpoint the programming challenges, including provider shortages, that could provide more information on the difficulties districts are facing in providing the services.

The Education Department apparently does not monitor how districts determine who goes on a waiting list and whether the systems are fair, which the comptroller’s office said is contributing to the breakdown that prevents the state from knowing how many students are not getting all or some services.

The audit includes seven recommendations, including having the Education Department develop a strategy to address the shortage of preschool special education services and to work with district to identify ways to improve the system. It also recommends the state improve monitoring of districts and create data controls to ensure the records are complete and accurate.

Commentary: How will the Trump administration advance disability rights?

One in four Americans lives with a disability, and they need greater services and supports.

By Joseph Pancari

Dec 3, 2024

As the nation prepares for a demonstrable shift in leadership, people with disabilities are asking: What about us?kip Ad

One in four Americans is living with a disability. But we have heard little about the ways the new administration would advance disability rights and access during Donald Trump’s second time behind the Resolute Desk.

To do so would be relatively straightforward, as there is much to build on already: America is a leader in disability services and solutions, and we recently marked the 34th anniversary of the landmark passage of the Americans with Disability Act. Under the law, every public space must have accommodations for wheelchairs, and people with disabilities are afforded equal status and provided specific protections around hiring, housing and transportation.

Another sign of progress occurred in March, when the Senate unanimously passed legislation that qualifies the profession charged with providing daily assistance, direct support professionals, as its own standard occupational classification, making this contingent unique amongst other health care workers. Now it is up to the U.S. House of Representatives to pass the parallel Direct Support Professionals Act (H.R. 2941).

The wish of the provider community for the next four years is a broadened panorama of services and supports. The shared goal is to provide as many opportunities as possible for those with disabilities to achieve fulfilling lives. At Constructive Partnerships Unlimited, we see daily the challenges experienced by people with intellectual and developmental disabilities and the heroic work of our dedicated team who empower their success. We also know the frustrations when vacancies increase, both in terms of open beds and available positions that go unfilled.

Some initial steps the new administration could take may include streamlining the confusing array of agencies and barriers that can make it difficult to access quality services both federally and locally. Another priority would be for a national “Traveling with Dignity” Act, like the one passed in New York State, which mandates height-adjustable adult changing tables in government buildings, at large public venues, and in rest stops accessed by the interstate highway system. The federal government should also subsidize more research into medical interventions and technological tools that improve the lives of people with intellectual and developmental disabilities. Finally, adding funds to help agencies meet state and national climate goals will modernize the industry and make it a world leader in sustainable disability services.

Further, America must more robustly commit to its aging population now and in the immediate future, especially as it relates to persons with disabilities. The top concern for anyone with a child or adult child with a disability is, “What will happen to them when I am gone?” Two strategies worth serious consideration are new investments in flexible residential supports for people languishing in nursing homes or emergency rooms, and development of residential solutions that support both people with disabilities and their aging caregivers.

This is all to say that America has work to do. To turn away from the intellectual and developmental disabilities field is to ignore the promise in every individual and to undercut the inclusive values inherent in our founding documents and vision for a better future. I urge President-elect Trump and all lawmakers to uphold this idea and address this vital societal need.

Joseph Pancari is the CEO of Constructive Partnerships Unlimited.

Dear Friends and Colleagues:

OPWDD joins our partners all across New York State in recognizing International Day of Persons with Disabilities today. This year’s theme is particularly fitting to the work we’ve been doing with self-advocates here at OPWDD: “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future.”

I am proud to say that one of my first actions as Acting Commissioner of OPWDD was to welcome six Peer Specialists to our team:

• Christopher Bristler
• BJ Stasio
• Chester Finn
• Marilyn Stata
• Joshua Mirksy
• Elphie Kuzande

Acting Commissioner Willow Baer with Self-Advocate and OPWDD Peer Specialist, B.J. Stasio at the Self-Advocacy Association of New York State’s annual conference.

Peer Specialists are people with developmental disabilities who work for OPWDD at different locations across the state to advocate alongside and on behalf of people who receive services, educate people about their civil rights, and ensure that decision-makers consider the perspectives of people with developmental disabilities by participating in staff training, providing input on policies, and procedures, and working with OWPDD leadership. We are grateful to have their input and to be able to draw upon their experiences to benefit people who receive services.

We also recognize New York’s Chief Disability Officer, Kim Hill-Ridley, who was recently appointed to the National Council on Disabilities. Kim has helped amplify the voices of our state’s self-advocates for a more inclusive New York. She has championed the addition of Accessibility to the extensive Diversity, Equity, and Inclusion (DEI) work being done within state agencies and offices and has helped Governor Hochul launch the DREAM (Disability Rights & Employment Awareness Month) Symposium, which celebrates the value that disabled New Yorkers bring to the workforce and assists in matching prospective qualified candidates with employers. We are grateful to have her voice – and the voice of the New York disability community – advising the President and Congress on disability rights, needs and advocacy.

I look forward to continuing to work with all of you in amplifying the leadership of people with disabilities in our system and in the state.

Sincerely,

Willow Baer
Acting Commissioner

Dear Friends and Colleagues:

As part of my commitment to enhancing the agency’s transparency and being more responsive to stakeholder feedback, I am excited to share new, interactive, Medicaid data dashboards as part of this year’s annual release of information on services. For the first time, the Office for People With Developmental Disabilities (OPWDD) has added Medicaid expenditure data on OPWDD services and supports that can be broken out by region, type of service, type of self-direction being used, if applicable, and service provider. Different “data dashboards” provide information on total expenditures, average expenditures, and the use of services and can be sorted in a number of ways, depending on user interest. For example, you could look at information about services received by people in a particular region of the state or by people of a particular age group.

In addition to these interactive dashboards, we have redesigned our data webpages to make it easier to access the information and have released a new set of By the Numbers infographics that provide concise visual summaries of information about our services and supports.

These updates will help OPWDD to make information about our service system readily available and easy to understand for everyone. We remain committed to continually improving our ability to collect, analyze and share data about our service programs and sharing data that informs our policies and our ongoing work to improve the service system.

To view the new data resources, visit www.opwdd.ny.gov/data.

Sincerely,

Willow Baer
Acting Commissioner

Dear Friends and Colleagues,

In honor of National Disability Employment Awareness Month, OPWDD is excited to share two new videos that highlight the positive impact of hiring people with disabilities: It’s Time to Employ Ability: Hiring People With Disabilities and Employing People with Developmental Disabilities: The Employer Perspective. I hope you will appreciate the powerful messages in the videos and share them widely to promote a more diverse and inclusive workforce.

People with developmental disabilities are skilled, competent employees who add diversity and value to all kinds of businesses across New York State. Yet the employment rate for working-age New Yorkers with a disability is less than half of what it is for people without disabilities. We need to work together to bridge the gap between job seekers and employers and to bring more people with disabilities into the workforce.

Thanks to Governor Hochul’s commitment and support, we are making strides and increasing employment for people with disabilities. As part of New York’s commitment toward becoming an Employment First State, we are partnering with businesses that have already committed to hiring people with disabilities, and we’re excited to build more relationships that will benefit our state economy by strengthening the workforce, increasing diversity and broadening perspectives.

Today, to kick off the month, we are thrilled to sponsor New York’s 3rd Annual DREAM Symposium, hosted by Governor Hochul’s Chief Disability Officer, Kim Hill-Ridley. This incredible event celebrates the rights of people with disabilities and the value they bring to the workforce, matches prospective qualified candidates with employers and offers workshops that can help people prepare for and succeed in employment.

This month, and all year long, we urge businesses and employers in New York State to take our Employability Pledge and let everyone know you believe in the value of a diverse workforce and the rich contributions of employees with disabilities. All of us can help by patronizing the businesses that hire people with disabilities. Those that have signed our pledge appear on our EmployAbility Honor Roll. 

At OPWDD, I have prioritized bringing people with developmental disabilities into our workforce because I value their contributions to policy development and decision-making. Working together, I believe we can and will improve the number of people with disabilities working in our communities. Your help and support are invaluable to us. Thank you.

Sincerely,

Willow Baer
Acting Commissioner

Over the past year and a half, outside consultant Guidehouse independently examined OPWDD’s developmental disabilities service system and evaluated whether using managed care to pay for OPWDD services could benefit the system and improve outcomes for people. As part of this study, Guidehouse talked extensively with stakeholders – both within New York and beyond – to understand current supports for people with developmental disabilities, their concerns, and what they, their family members, and service providers think about moving to a managed care payment model for services. Earlier this month, OPWDD released the Final Report and Recommendations that resulted from the Guidehouse assessment.

Based on its findings, Guidehouse does not recommend that OPWDD make a full transition to managed care. The Final Report does, however, offer several suggestions and considerations that OPWDD will evaluate, including the potential for using value-based payment structures to better integrate the physical and behavioral health care for people with developmental disabilities and improve access to specialized care.

Read the full Guidehouse Final report, along with the plain language report summary now on our managed care assessment webpage.  You can send any feedback on the report to ARPA.Inquiry@opwdd.ny.gov